Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-02-20
APPLICATION roa PATENT.

APPLICATION FOR PATENT.
Where papers have once been fled with the
Register and Receiver they become . part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
eral Land once.
An application will be rejected when the
scription Of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be
cause:
First The notice was published without the
knowledge Of the Register.
second-The notice was not published in q
new paper designated as published nearestt the
claim.
Third-Record title was found defective,
and
Fourth-A previous application had been
made for the same premises, which was with
drawn pending = suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does NOT accurately define the
boundaries OF the claim.
Where the claim was not located in accord
ance with law.
Where several parties own separate and dis
tinct portions OF q claim, Application for
patent may be made by either for tn at portion
OF the claim owned by him bot where poyersl
parties own undivided interests in . mining
claim all should join In an application for q
patent.
A person or association may purchase as
many placer locations as the local law admits,
and embrace them all In one application for Q
patent.
Two or more lodes cannot be embraced In
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
ing to set IS 9 deputy for the Register and be
ceiyer cannot be recorded ~ evidences.
In all patents for mining claims situated
within the interior boundaries OF . town site
all town property. rights upon the surface,
and all houses. buildings, structures. lots,
blocks, streets, alleys or other municipal I'm
provements not belonging 10 the grantee here
In, and all rights necessary or proper 70 the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made q only
one newspaper for the period OF 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and In daily
newspapers 60 days must eispse between the
fret and last insertions.
Where the Register designates the a siiy issue
of q newspaper fer publication Of notices Of Q
mining application for patent IL is not Q COM
pliance with Law to change TO the weekly edi-
tion Of the same paper without authority Of
the Register.
The existence OF q salt spring on . tract Of
land withdrsws il from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agriculture
character of such land 10 not allowed. Land
containing vslusbie deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claim ants must hle q separate And
distinct claim against each application which
II lie alleged conflicts with the premises owned
By such adverse claimant.
The papers In al adverse claim, once hled
cannot be Withdrawn, but becomes . part Of the
record.
When an adverse claim has been filed 1t can.
not be amended so as to embrace q larger per
ton OF the premises than that described in the
original adv ersc ci.ira.
An adverse claim must be made out IN
proper form and hied in the proper local Office
during the period OF public stion Of the appii.
cation for the patent to be elective.
1t is the duty OF the adverse claimant o
suit In proper form within the re-
CURED time, and IL he trusts the uncertain
medium Of the United States mail he must
abide the consequence, should the Delay
ensue, through misfortune or accident. Should
the failure TO commence suit be the result Of
the corrupt or dishonest action OF his Atterney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody-
ing conclusions OF law. without stating the
facts specially, Will not he considered 10 evil
dence.
An adverse claimant should show q conpli.
ance with tae local laws ia recording his elKim
and in regard TO expenditures. and shall tile .
copy Of the original notice of his location. and
show the nature or extent OF the conflict
alleged.
An allegation Of parties 10 q suit that they
compose The company 10 sufficient, and they
are not required to prove that they are th.
original ~locAtors or tue identical par ties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Uhn-a ta.At.
cultural purposes. but Is essential to the
proper development of mining claims, IL
should be disposed Of under the Mining Act.
Whert lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be cancelled 81 any time
prior to issuance Of patent, upon satisfactory
evidence Of the existence OF such valuable de-
posts.
Where valuable deposits OF mineral are dis
covered upon q tract sitter the same lAs been
entered as agricultural. but before I sent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry viii be Cancelled t.
that portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF 1t. provided he becomes a citizen
before disposing Of the mine. Proof that the
party was not 9 citizen before disposine of his
claim must be afirmstiyeiy shown.
Locsfors and ntermediate owners. other
than applicants, will not be presumed aliens,
IN the absence OF allegation or objection prior
TO issuance Of patent.
The portion OF 9 mining claim sold 10 an
alien cannot be patented while such owner 10
an alien; but on his declarationi o become a
citizen his right dates back to his purchase.
aud he may thereupon secure United States
patent for his claim.
CROSS LEDGE.
Revised Statutes. Section 2,sse:
Where two or more lodges cross or intersect
each other. priority OF title shall govern. ana
such prior location shsll be entitled to all ore
or mineral confined within the space of inter.
section. but the subsequent location shall have
the right Of way through the space Of inter
section for the purpose OF the convenient
working OF the mine. And where two or more
veins unite the Oldest or prior location shall
take the vein below the point Of union, In
Guiding all the space Of intersection.
TUNNELS.
IT.